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What happens with my EB-5 application now when Vietnam is current in the August visa bulletin?

I am an EB-5 investor from Vietnam who filed my papers in May last year. I am still in Vietnam. What will happen now when the final action date for Vietnam is current? Will I get an interview? How long until I can get my EB-5 visa and move to the US?

Answers

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    F Oliver Yang

    Immigration Attorney
    Answered on

    If you invested in a direct EB-5 project, you will be scheduled an interview soon (assuming your NVC process has been done). If you are a regional center investor, you will have to wait until the program is reauthorized.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Was it an investment into a private business or was it in a Regional Center?

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    If you invested in a Regional Center project, nothing will happen with your visa application until the RC program is reauthorized by Congress (hopefully this fall).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We still have to wait for the program to be reauthorized and we expect to see that happen in the next 1-2 months, so you have a good chance to be scheduled for an interview soon if your case is documentarily qualified.

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    Phuong Le

    Immigration Attorney
    Answered on

    If you filed under the direct EB-5 program, then it’s great news. Theoretically, once your I-526 is approved, then an EB-5 visa is available for you (so if you’d want a rough estimate, normally it’d generally be possible to enter the U.S. in a year after I-526 approval). Unfortunately, these aren’t normal times because (1) USCIS processing times fluctuate wildly and (2) it’s anybody’s guess when HCMC and Hanoi will have capacity to schedule new visa interviews for EB-5 applicants after their COVID backlog. Hopefully, by the time your case is approved, things will be back to normal. Still, having EB-5 return to “current” for Vietnam is huge because it wasn’t too long ago that EB-5 investors were looking at a backlog of 7+ years.